PARMAR MAHESHBHAI GAUTAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 19, 21, 226 and 227 of the Constitution of India seeking to release the muddamal vehicle - Honda City car, bearing RTO registration No. GJ-07-R-9471 in connection with the FIR being C.R. No. III - 347 of 2019, registered before the Anand Town Police Station, Dist. Anand for the offence punishable under Sections 65(E), 81, 83, 116B, 99 and 98(2) of the Gujarat Prohibition Act. The petitioner had preferred an application for release of muddamal vehicle before the learned 5th Additional Judicial Magistrate First Class, Anand, which came to be rejected vide order dated 24.09.2020 against which, the petitioner preferred Criminal Revision Application No. 55 of 2020, which came to be dismissed by the learned 5th Additional Sessions Judge, Anand by order dated 23.11.2020 and hence, this petition.

(2.) Heard learned advocate Ms. Niyati D. Chauhan for the petitioner and learned APP Ms. Maithili Mehta on behalf of the respondent - State through video conference.

(3.) As per the allegations made in the FIR, liquor worth Rs.38,400/- was found in the muddamal vehicle. It is the case of the petitioner that the petitioner is the owner of the muddamal vehicle in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications, only because of restriction under Section 98(2) of the Prohibition Act and if the muddamal vehicle would lie at the police station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice.